B.N. Bhagat Ucch Madhyamik Vidhyalya v. The Bihar School Examination Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17619 of 2019 ====================================================== B.N. Bhagat Ucch Madhyamik Vidhyalya , Itarhi, Buxar, through its President Om Prakash Bhagat Son of Vishwanath Bhagat, Resident of Village- Sarasti, P.S. Itarhi, District- Buxar. ... ... Petitioner/s

Versus

1.

The Bihar School Examination Board Buddha Marg, Patna through its Chairman, Patna.

2.

The Chairman, Bihar School Examination Board, Patna. 3.

The Secretary, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shama Sinha For the Respondent/s :

Mr.Lalit Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-08-2019 The issue involved in the present writ application is no more res integra. Similar issue was considered by this Court in CWJC Nos. 5933 of 2019 and 1965 of 2019. The Court on consideration of the relevant provisions of the Regulation held out that the decision of Bihar School Examination Board in withdrawing affiliation without following the procedure contemplated under Regulation 15(4) is illegal and arbitrary exercise of power. In view of the decision of this Court in CWJC Nos. 5933 of 2019 and 1965 of 2019, the present application is allowed. Annexure-1 to the writ application is quashed. Benefit of allowing the writ application must follow with immediate effect. (Anil Kumar Upadhyay, J) Ravi/- U